Accuracy, Completeness and Timeliness of Information on the Sites: The Company is not responsible if information made available on the Sites is not accurate, complete, or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.
Use of Materials on the Sites: All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by the Company, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Sites for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Sites, or use of the Sites for purposes competitive to the Company, is expressly prohibited without the prior written consent of the Company. You agree to abide by all additional restrictions displayed on the Sites as may be updated from time to time. The Company reserves the right to refuse or cancel any person’s registration for the Sites, remove any person from the Sites, or prohibit any person from using the Sites for any reason whatsoever. The Company, or its licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in the Company’s sole discretion. The Company neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with the Company.
User Content: “Content” means text, images, photos, audio, video, location data, and all other forms of data provided by the users of the Sites and any data extracted or compiled therefrom. You agree that your Content may be utilized on the Sites. The Sites are passive conduits of Content, and you agree that you are solely responsible for obtaining any third-party licenses or other permissions related to your Content. As a provider of an interactive services, the Company is not liable for any statements, representations or Content provided by users using the Sites. Although the Company has no obligation to screen, edit, or monitor any of the Content posted, the Company reserves the right, in its sole and absolute discretion, to remove, screen, or edit any Content posted or shared on the Sites at any time and for any reason without notice.
Prohibited Conduct: You may not use the Sites to take any action that could harm the Company or any third party, interfere with the operation of the Sites, or use the Sites to violate any law. By way of example but not limitation, you may not: (a) act in a manner that negatively affects other users’ ability to engage in real time exchanges; (b) alter, edit, or delete the materials on a Site, including the deletion of any trademark or copyright notices on the Site; (c) interfere with or disrupt a Site, the Company’s servers, or networks (e.g., “Flooding” or the sending of mass unsolicited messages) or otherwise harm the Sites or other users; (d) intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law; (e) impersonate any person or entity or misrepresent your connection to any person or entity; (f) “stalk,” harass or otherwise advocate the stalking or harassing of another person; (g) collect or store personally identifiable information about other users in connection with the prohibited conduct and activities set forth herein; (h) reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of a Site; (i) attempt to override or circumvent any security measures of a Site or the Company’s third-party providers or access parts of a Site you are not authorized to visit; (j) engage in any unauthorized screen scraping, database scraping, or spidering, or collection of personally identifiable information, or use any other automated means to collect information from a Site; (k) use any software, tool or other device (such as browsers, spiders, or avatars) to search a Site, other than the search functionality offered through the Sites or other generally available web browsers; (l) link directly to any image hosted on a Site in a manner that would cause the image on a Site to be hosted on another web site; (m) link to a Site in such a manner that a Site or any portion thereof is “framed” on another web site; (n) attempt to reserve-engineer or decrypt any software on a Site; (o) use contact information on a Site for marketing purposes; (p) use Company proprietary marks on the Sites as meta tags or other “hidden text” techniques or technologies; and/or (q) facilitate or encourage the violation of any of the policies set forth in these Terms.
Prohibited Content: You acknowledge that you are responsible for any material you may submit via the Sites (including any components of the Sites administered by third parties, such as tools that allow you to interact with the Sites through Facebook, Google, and/or other social media platforms), including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Sites: (a) any Content that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (d) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (e) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (f) any Content that advertises commercial activities and/or sales or solicits funds or goods or services without the Company’s prior written consent (including the insertion of advertising into Site content). You may not post personally identifiable information (information that can be used to identify an individual) of any third party or solicit others to post third-party personally identifiable information. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any Content.
License: If you do submit material, and unless we indicate otherwise, you grant the Company an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully transferable, assignable and sublicensable right to use, reproduce, modify, adapt, store, host, index, cache, tag, reformat, publish, translate, encode, create derivative works from, distribute, perform, and display such material throughout the world in any media or technology now known or hereafter developed, including for marketing, advertising, and other commercial purposes. You waive any right you may have to object to the alteration of the Content in a manner not agreeable to you. You further agree that the Company is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to the Company. You grant the Company the right to use the name you submit in connection with such material, if it so chooses.
Registration for the Sites: Some features that may be available on the Sites require registration. By registering at and in consideration of your use of the Sites, you agree to provide true, accurate, current, and complete information about yourself.
Some features on the Sites require use of a password. You are responsible for protecting your password. You agree that you will be responsible for all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify the Company immediately. The Company may assume that any communications the Company receives under your password have been made by you unless the Company receives notice otherwise.
Links: The Sites may contain links to other websites, some of which are operated by the Company and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. The Company is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights: Trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of the Company, its licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on the Sites will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Sites without the owner’s prior written permission, except as otherwise described herein. The Company reserves all rights not expressly granted in and to the Sites and their content. The Sites and all of their content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, are protected as a compilation under the copyright laws of the United States and other countries.
Infringement Notice: You hereby are informed that the Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of users of the Sites who are copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Foundation Partners Group
Attn: Legal Department
4901 Vineland Road, Suite 300
Orlando, FL 32811
To be effective, your notification must: (a) be in writing, (b) be provided to our copyright agent, and (c) include substantially the following: (1) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; (2) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (3) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (4) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on the Sites, including material you provide to us, and we have an absolute right to remove any material from the Sites in our sole discretion at any time.
DISCLAIMERS: YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME WITHOUT NOTICE. TERMINATION OF YOUR ACCESS OR USE WILL NOT WAIVE OR AFFECT ANY OTHER RIGHT OR RELIEF TO WHICH THE COMPANY MAY BE ENTITLED AT LAW OR IN EQUITY. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITES WILL CREATE ANY WARRANTY OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SITES, THE COMPANY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Disputes: You agree that by doing business with the Company or otherwise participating in the Company’s programs, you and the Company are each waiving the right to trial by jury and the ability to participate in a class action.
To invoke arbitration, you must first send to the Company, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company must be mailed to 4901 Vineland Road, Suite 300, Orlando, FL 32811 Attn: Legal Department. The Notice must describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence arbitration.
For arbitration claims you assert against the Company in accordance with this section (but not for any arbitration claim against you), the Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, the Company will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it will apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against the Company in any court, or in arbitration, with respect to any claim. This section will survive the termination of the relationship between you and the Company.
Consent to Electronic Disclosure: By replying as directed to the email or text message linking to this page (“Invitation”), you consent to receive the disclosure in the Invitation electronically. This consent pertains only to the disclosure in the Invitation. You may withdraw your consent by replying “STOP” to any text we send you, but you understand that doing so means we will not be able to send you texts after we receive your reply and that your withdrawal does not have retroactive effect. To update your contact information or obtain a free paper copy of the disclosure in the Invitation, send an email to firstname.lastname@example.org. You will need a mobile telephone with sufficient text message capabilities and unused storage space to view and retain a copy of the disclosure in the Invitation.
By providing the Company with your mobile telephone number, you agree that the Company may send to your mobile telephone number autodialed text messages. Recurring messaging and frequency may vary. Message and data rates may apply. Consent is not a condition of any purchase. For help, text “HELP” to any text message you receive or call 888-788-7526 for customer support. To quit, text “STOP” to any text message you receive. If you reply “STOP,” the Company may send you an additional message confirming your “STOP” request. Text messages may not be available on all mobile carriers. You also may revoke your consent to receive text messages from us by emailing us using the contact information below. Please include the mobile telephone number to which you want us to stop sending texts in your email.
If at any time you need our contact information or information on how to stop text messages, reply to any text message we have sent you and in the reply text simply type “HELP.” Upon receiving your text message, we will send you a text message with this information.
You represent that that you are either the subscriber or customary user of the mobile telephone associated with the mobile telephone number to which the Invitation was sent. Please notify us immediately if you change mobile telephone numbers or plan to provide your number to another person.
If we modify these terms and conditions, we may attempt to notify you by sending you a text message with a link to the new policy unless you have revoked your consent. We may terminate our texting program at any time.
If you have any questions about these terms and conditions, would like us to mail you a paper copy of this policy or are having problems receiving or stopping our text messages, please contact us using the following information: Foundation Partners Group, 4901 Vineland Road, Suite 300, Orlando, FL 32811, Attention: Marketing Department; or call 888-788-7526; or send an email to email@example.com.